Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 825/11

    (5 ILCS 825/11)
    (Text of Section from P.A. 102-234)
    Sec. 11. Denials.

(a) If the certifying official cannot determine that the requester is a victim of a qualifying criminal activity, the certifying official shall provide written notice to the person or the person's representative explaining why the available evidence does not support a finding that the person is a victim of qualifying criminal activity. The certifying official shall submit the notice to the address provided in the request and shall provide contact information should the requester desire to appeal the decision. The certifying agency or certifying official shall accept all appeals and must respond to the appeals within 30 business days.

(b) Notwithstanding subsection (a), no requester is required to exhaust an administrative appeal under subsection (a) before filing a mandamus action or seeking other equitable relief in circuit court for a completed certification form required under Section 10.

(Source: P.A. 102-234, eff. 8-2-21.)

    (Text of Section from P.A. 102-401)
    Sec. 11. Denials.

(a) If the certifying official does not determine that the requester is a victim of a qualifying criminal activity, the certifying official shall provide written notice to the person or the person's representative explaining why the available evidence does not support a finding that the person is a victim of qualifying criminal activity. The certifying official shall submit the notice to the address provided in the request and shall provide contact information should the requester desire to appeal the decision. The certifying agency or certifying official shall accept all appeals and must respond to the appeals within 30 business days.

(b) Notwithstanding subsection (a), no requester is required to file an administrative appeal or otherwise exhaust administrative remedies with a certifying official or agency under subsection (a) before filing a mandamus action or seeking other equitable relief in circuit court for a completed certification form required under Section 10.

(Source: P.A. 102-401, eff. 1-1-22.)